People v. Woods CA5

Filed 9/18/14 P. v. Woods CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIFTH APPELLATE DISTRICT

THE PEOPLE, F066584 Plaintiff and Respondent, (Madera Super. Ct. v. No. MCR039753)

TANYA LATTRICE WOODS, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Madera County. Mitchell C. Rigby, Judge. Tutti Hacking, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the Attorney General, Sacramento, California, for Plaintiff and Respondent. -ooOoo-

* Before Kane, Acting P.J., Detjen, J. and Chittick, J. Pro Tem

INTRODUCTION Appellant/defendant Tanya Lattrice Woods was charged with unlawful possession of heroin and narcotics paraphernalia while an inmate in state prison, with two prior strike convictions. She pleaded no contest to possession of a hypodermic needle by an inmate, admitted one prior strike conviction, and was sentenced to the stipulated term of eight years. On appeal, her appellate counsel has filed a brief which summarizes the facts, with citations to the record, raises no issues, and asks this court to independently review the record. (People v. Wende (1979) 25 Cal.3d 436 (Wende).) We affirm. FACTS1 On August 29, 2010, Correctional Officer Martinez was on duty at Valley State Prison for Women. She was checking the inmates as they returned from the yard into their units. She also conducted routine random searches of the inmates. Defendant was an inmate in Officer Martinez’s unit.2 Defendant occasionally used a wheelchair. As defendant returned from the yard, she was walking and pushing her wheelchair. A clear plastic tote bag was hanging from the chair. Officer Martinez searched the wheelchair and did not find any contraband. Martinez took control of the tote bag and searched it. Defendant became hostile and yanked the bag away from Martinez. The contents spilled onto the floor, and defendant asked Martinez if she was happy now. Officer Beltran took over the situation. She conducted a patdown search on defendant and did not find any contraband. Beltran ordered defendant to remove her headscarf, and defendant complied. Beltran searched the scarf and found a piece of tar

1 The following facts are from the preliminary hearing given defendant’s plea. 2 In 2006, defendant was convicted of first degree robbery (Pen. Code, § 211) with a prior serious felony enhancement (Pen. Code, § 667, subd. (a)) and sentenced to 11 years in Los Angeles County Superior Court case No. BA299800.